Consideration of an application for a concession

The grant of a concession

What procedure does the office follow if the competent administrative authority issued a positive opinion or no opinion is required by law and if all the conditions prescribed by the Trade Licensing Act have been met?

The concession will not be granted

The competent state administration authority has issued a negative opinion on the application for a concession, the entrepreneur does not meet some of the conditions set out in the Trade Licensing Act for carrying on a trade, or one of the statutory reasons for discontinuance of the proceedings has occurred. What is the further procedure followed by the trade licensing office?

Consideration of an application

If an authorisation, consent, permit or opinion (hereinafter an “opinion”) of any state administration authority is required for carrying on a trade pursuant to Annex 3 to the Trade Licensing Act or pursuant specific legislation, the trade licensing office will submit the application for a concession and (if required by specific legislation) the application for approval of the appointment of a responsible representative, along with any necessary documents, to the competent administrative authority in order to issue an opinion.

The competent administrative authority must issue an opinion within 30 days from the date of receipt of the application from the trade licensing office, or within the time limit set out in Annex 3 to the Trade Licensing Act. In deciding on the concession, the trade licensing office is bound by the opinion issued.

If no opinion is required by Annex 3 to the Trade Licensing Act or by specific legislation, or if the competent administrative authority has issued a decision pursuant to specific legislation granting the entrepreneur consent to business activity, the trade licensing office will continue considering the application for a concession.

Before deciding on the concession, the trade licensing office determines whether the general and specific conditions for carrying on a trade have been met and whether the applicant is subject to any impediment to carrying on a trade.

The further course of the proceedings then depends on whether the conditions specified by law have been met and whether the opinion of the competent state administration authority on the application for a concession is positive or negative.